In Hardy v Polk (Leeds) Ltd [2004] IRLR 420 EAT, the Employment Appeal Tribunal held that an employee who is dismissed without notice or pay in lieu of notice is under a duty to mitigate his or her loss in respect of the notice period, and that earnings received from another employer during the (nominal) notice period must be offset against the compensatory award.

In Kaur v MG Rover Group Ltd the High Court holds that the job security provision of a collective agreement (that there would be no compulsory redundancy), construed in the context of the collective agreement as a whole, was not merely a statement of aspiration but was the assurance behind provisions in the agreement requiring flexible working and was apt to be incorporated into individual contracts of employment.

In Lennon v Commissioner of Police of the Metropolis [2004] IRLR 385 CA, the Court of Appeal held that a police commissioner, having assumed responsibility for advising police officers, owed a duty of care to the claimant and thus was liable for the economic loss resulting from advice negligently given on which the claimant had relied.

In Redrow Homes (Yorkshire) Ltd v Wrights; Redrow Homes (North West) Ltd v Roberts and others [2004] IRLR 720 CA, the Court of Appeal held that the employment tribunals had correctly concluded that the applicant contract bricklayers were employed under contracts whereby they undertook personally to perform work or services for the company and, therefore, were 'workers' within the meaning of the Working Time Regulations 1998, regulation 2(1)(b).

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